North Carolina Assignment of Pipeline Easements and Rights of Way

State:
Multi-State
Control #:
US-OG-328
Format:
Word; 
Rich Text
Instant download

Description

This form is used when the Assignor grants, sells and assigns to Assignee all of Assignor's rights, title, and interests in a Pipeline Easements and Right of Way. When this form is used, Assignor grants, sells and conveys to Assignee all of Assignor's rights, title, and interests in all pipe, pipelines and all pertinent equipment, personal property, and fixtures relating to the Easements but Assignor reserves all interests in all well bores, tubing, and all related equipment utilized in connection with the production of oil and/or gas from the lands which the Easements cross or affect.


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FAQ

Right-of-way is a specific form of easement. An easement is usually given across land for a singular purpose such as for a utility line. An easement for ingress and egress (the right to travel) may be permanent but is often temporary such as in a construction access easement.

Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.

Who maintains right-of-way? Public right-of-way is maintained by a city or the State. Private right-of-way may be maintained by a developer, a homeowner's association, or in the absence of these, by the users of the road.

The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.

The North Carolina courts have defined an easement as ?a non-possessory right to make limited use of land owned by another without taking a part thereof.?

Property owners may not interfere with the purpose of an easement. For example, if a beneficiary electric company has wires strung across your yard, you can not take them down or block the workers' path. Violators may be held liable for damages to the easement holder.

Generally, the owner of any easement has a duty to maintain the easement.

What is a Pipeline Easement? Generally, an easement is a legal interest that allows someone the right to use another's property for a certain purpose. A pipeline easement specifically gives the easement holder the right to build and maintain a pipeline on a landowner's property.

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North Carolina Assignment of Pipeline Easements and Rights of Way